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(영문) 청주지방법원 2016.11.09 2015가단113545
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From the Plaintiff’s account to the Defendant’s account, KRW 10 million was transferred from September 7, 2012 to the Defendant’s account; KRW 10 million on November 29, 2012; KRW 10 million on November 30, 2012; KRW 20 million on April 1, 2013; and KRW 30 million on April 4, 2013; and KRW 30 million was transferred from the network E (hereinafter “the network”)’s account with the Plaintiff’s husband to the Defendant’s account. KRW 19 million on August 26, 2013; and KRW 28 million on August 28, 2013, respectively.

B. From April 11, 2012 to April 1, 2015, the Defendant, the representative of which was the F Co., Ltd. (hereinafter “Nonindicted Company”) or the Defendant’s account, the sum of KRW 12,22,60,000 was remitted over 56 times as indicated in the “Defendant’s remittance column” in the attached Table from April 11, 201 to April 1, 2015, and KRW 10,000,000 on September 28, 2012 and KRW 20,000 on January 30, 2013, respectively.

C. E is the Plaintiff B and C’s co-inheritors, the wife of whom died on April 24, 2015.

【Court-Appellants 1, 4, Gap evidence 24-1, 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The plaintiffs asserted that (i) the deceased remitted the total of KRW 89 million to the Defendant, either directly or through Plaintiff A, from April 1, 2013 to August 28, 2013, and, as a result, lent the total of KRW 90 million in cash, the amount of KRW 1 million was set at 200,000 per month plus 20,000,000 won. The plaintiffs asserted that the interest was set at 20,000 won per month; (ii) the principal lawsuit of this case minus the amount of KRW 70,000,000,000 calculated by subtracting the amount of KRW 20,000,000,000 from

See The defendant, who is the birth of the deceased, remitted money to the plaintiffs, who are his family members, for a certain amount of money to be seen as working in the non-party company operated by the defendant, and the deceased remitted money to the defendant as the repayment of the money, and the deceased did not borrow the above money by designating interest from the deceased, while the defendant also borrowed the above money from the deceased.

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